Keating Chambers 15 Essex Street London WC2R 3AA T +44 (0)20 7544 2600 F +44 (0)20 7544 2700 keatingchambers.com DX: LDE 1045 Call: 2008 pbury@keatingchambers.com Areas of practice Clerks' Details Construction & Engineering Energy & Natural Resources International Arbitration Offshore Construction & Marine Engineering Procurement & Competition Professional Negligence Property Declan Redmond T: +44 (0)20 7544 2616 E: dredmond@keatingchambers.com Will Shrubsall T: +44 (0)20 7544 2712 E: wshrubsall@keatingchambers.com Anthony Carroll T: +44 (0)20 7544 2604 E: acarroll@keatingchambers.com Jenna Halil T: +44 (0)20 7544 2656 E: jhalil@keatingchambers.com Practice overview Paul Bury is a specialist in domestic and international commercial construction, professional negligence, infrastructure projects, energy and regulatory law, including public procurement. Paul acts in a broad range of disputes ranging from highly complex and high-value international arbitration and High Court proceedings to a number of lower value commercial and domestic claims in the County Courts. Paul has gained particular expertise in cases involving issues of delay and disruption and contractual termination including Bluewater Energy Services BV v Mercon Steel Structures BV and Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd and adjudication including Eurocom v Siemens. Paul regularly represents clients in court in his own right and has conducted several multi-track trials in the County Court, applications, CMCs and adjudication work in the High Court and numerous County Court fast-track and small claims trials relating both to construction and other matters, as well as mediations. Paul has also advised on the merits of claims in contract, tort and restitution for employers, residents, professionals and contractors and on tactical and procedural issues. Paul has experience of drafting pleadings in all forms of dispute resolution, including for proceedings in the High Court, County Court, arbitration and adjudication. Paul has extensive knowledge of the JCT, NEC, IChemE Red Book and FIDIC standard form contracts. Having previously worked for a leading international law firm in Brussels on complex regulatory issues involving blue-chip international companies, Paul is adept at taking a commercial approach to legal issues and dispute resolution. Paul is also comfortable dealing with questions of EU law, including public procurement legislation.
Recent Cases Construction & Engineering engineering, procurement and construction of a polysilicon plant in Qatar involving issues of delay. contract involving issues of termination of the contract, concurrent delay and prevention Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning a biomass fuel plant in North East England under the IChemE Red Book contract and involving issues of termination of Contract and delay (Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd). Instructed to draft pleadings and appear in Case Management Conferences in relation to a High Court (TCC) dispute over the final account for a maintenance contract for the upkeep of properties in the North East of England. Instructed to draft pleadings and appear as Junior Counsel in relation to a High Court (TCC) dispute over the final account of a contract for the maintenance of a portfolio of HMRC buildings across the UK. Acted as Counsel in an adjudication for a multinational engineering company defending a global claim for disruption damages and alleged repudiatory breach (Eurocom v Siemens). Instructed to settle the Particulars of Claim in a 75m claim against the design engineers responsible for the design and construction of mechanical biological treatment facilities for household waste in Greater Manchester. Acted as part of the Counsel team in a multi-million pound construction arbitration concerning the redevelopment of accommodation at a British naval base under a Target Price contract involving disputes over interim payments and variations, including ground conditions. Instructed as part of the Counsel team in preparation of a substantial claim in arbitration relating to engineering issues with a bridge in Hong Kong. Appeared in several County Court trials, drafted pleadings and advisory work on construction disputes including final account disputes, delay and disruption claims and disputes over variations and allegations of defective works. He's intelligent and produces good written work... Incisive, positive and a good communicator. Chambers & Partners, UK 2016 Energy & Natural Resources engineering, procurement and construction of a polysilicon plant in Qatar involving issues of delay.
Acted as Counsel defending electrical engineering professionals in a 12m adjudication concerning the installation and connection of solar panel farms at various locations in the South West of England. contract involving issues of termination of the Contract, concurrent delay and prevention Acted as Junior Counsel for the employer in a three-week trial in the High Court (TCC) concerning a biomass fuel plant in North East England under the IChemE Red Book contract and involving issues of termination of Contract and delay (Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd). Advised and drafted correspondence for a major construction company in relation to a claim concerning duty of care in tort, and statutory duties under the Gas Act, and various Gas Regulations. International Arbitration engineering, procurement and construction of a polysilicon plant in Qatar involving issues of delay. Offshore Construction & Marine Engineering contract involving issues of termination of the Contract, concurrent delay and prevention Instructed to draft pleadings and appear at the Case Management Conference as Counsel and as Junior Counsel in a specific disclosure application in a High Court (TCC) dispute over the supply of mooring chains for Ministry of Defence vessels (Serco Ltd v Fendercare Ltd). Professional Negligence Acted as Counsel defending electrical engineering professionals in a 12m professional negligence adjudication concerning the installation and connection of solar panel farms at various locations in the South West of England. Instructed to settle the Particulars of Claim in a 75m claim against the design engineers responsible for the design and construction of mechanical biological treatment facilities for household waste in Greater Manchester. Instructed to settle the Particulars of Claim in a 10m claim against piling sub-contractors. Counsel in a four day multi-track trial successfully recovering unpaid architect s fees. The dispute included defending a counterclaim for the architect s professional negligence and an architect s responsibility for delays to a construction project including expert evidence on professional negligence and consideration of the RIBA Conditions for Appointment for a Domestic Project contract.
Drafted pleadings and advised in numerous claims for and against architects with allegations of unpaid invoices, breach of duty to supervise and professional negligence in design. Adjudication Acted as Junior Counsel to resist enforcement of an adjudication decision where the nomination was obtained by a very strong prima facie case of fraudulent misrepresentation (High Court (TCC) Eurocom Ltd v Siemens plc). Acted as Counsel for a multinational engineering company defending a global claim for disruption damages and alleged repudiatory breach. Acted as Counsel defending electrical engineering professionals in a 12m professional negligence adjudication concerning the installation and connection of solar panel farms at various locations in the South West of England. Drafted pleadings and advised in numerous cases to enforce and to resist enforcement of adjudication decisions, including considering arguments for breach of natural justice, lack of jurisdiction and fraud. Drafted submissions and advised in numerous adjudication proceedings. Procurement & Competition Acted as Junior Counsel in defending a challenge to the award of a contract for flood defence systems (Geodesign Barriers Ltd v The Environment Agency). Acted as Counsel to strike out a challenge to a procurement by the University of Bedfordshire in the County Court. Acted as Junior Counsel in a challenge to the award of a contract (Pearson Driving Assessments Ltd v The Minister for the Cabinet Office). The challenge related to whether there was a manifest error of assessment in the financial evaluation of the winning tender, and whether the tenders had been evaluated equally. Instructed by the Treasury Solicitor in preparing an application to overturn automatic suspensory effect of a procurement challenge. Advised on the viability of challenging several procurement decisions. Property Acted, advised and drafted pleadings in cases and applications involving the Party Wall Act, nuisance, trespass and abatement of noise pollution. Acted in an arbitration for a utilities company defending a claim under the Water Industry Act 1991 for alleged disruption to business. Instructed to draft pleadings and appear at the CMC in a case concerning responsibility for maintaining rights of support. Selected Reported Cases Geodesign Barriers Ltd v The Environment Agency [2015] EWHC 1121 (TCC) (29 April 2015) Eurocom Limited v Siemens Plc [2015] EWHC 685 (TCC) (12 February 2015) Eurocom Limited v Siemens Plc [2014] EWHC 3710 (TCC) (07 November 2014); [2015] B.L.R. 1; 157 Con. L.R. 120 Serco Limited v Fendercare Limited [2014] EWHC 964 (TCC) (18 March 2014) Bluewater Energy Services BV v Mercon Steel Structures BV and others [2014] EWHC 2132 (TCC); 155 Con. L.R. 85 Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd [2013] EWHC 4030 (TCC); [2013] All ER (D) 156 (Dec)
Education & Professional Career Keating Chambers 2011 Pupillage, Keating Chambers 2010-2011 Parliamentary Assistant, European Parliament, Brussels 2009-2010 Research Assistant, Keating Chambers 2008-2009 Called to the Bar (Inner Temple) 2008 Inner Temple Lawson Moot Finalist 2008 College of Law, London BVC 2007-2008 Exhibitioner, Inner Temple 2007 Cleary Gottlieb Steen & Hamilton LLP, Brussels 2005-2007 Pembroke College, Oxford University BCL 2004-2005 Pembroke College, Oxford University BA (Law) 2001-2004 Lenzie Academy, Glasgow 1995-2001 Memberships TECBAR SCL Seminars, Publications & Papers Indemnity costs in adjudication enforcement hearings, Practical Law Construction blog, 17 March 2015. Eurocom v Siemens: a strong prima facie case of fraudulent misrepresentation, Practical Law Construction blog, 12 November 2014, TECBAR Review Winter 2014/2015, Keating Chambers Construction Update, Winter 2014. Contributor to Keating on Offshore Construction and Marine Engineering (First edition, 2015). Researcher for Keating on Construction Contracts (First Supplement to the Ninth Edition). Contributor to the Construction Law Reports (2014 date). The new TCC Guide: post-jackson pitfalls, Practical Law Construction blog, 22 May 2014. Contributor to the Construction Law section to the Law Brief Update newsletter (2011 - date). Questioning the foundations of the complex structure theory (Construction Law International (2013) 8(2) 17, Keating Chambers Construction Update, Winter 2012). A More Open Competition: will third-party litigation funding level the litigation playing field? (New Law Journal, 16 May 2008). Getting the Deal Through: Gas Regulation 2007 (Global Competition Review, 2007). Languages French (basic) German (basic) Additional Information Paul enjoys watching and playing sports, including football, rugby, tennis and golf. He also has a keen interest in film and music.